{"product_id":"vragen-74480-hallo-wij-hebben-een-huis-waarbij-we-langs-onze-woning-recht-op-overpad-moeten-verlenen-aan-onze","title":"Legal Advice on Easements and Parking","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Hello,\n\n We have a house where we have to grant our neighbors \"right of way\" past ours so they can access their property. However, their property is very small. Too small to park their car there, so the rear wheels of their car are on our property. Furthermore, the neighbor often parks their car entirely (all four wheels) on our property because it simply doesn't fit with their own land. This leaves their land empty, which now serves as storage for their dumpsters and old furniture that still needs to be taken to the dump. It's also common for their bicycles and scooters to be parked on our property instead of theirs. And a while ago, they even parked bicycles along our path, in an alley, which is owned by the municipality.\n \nWe've discussed it with the neighbors. We're not allowed to put anything up there so they can drive over it. But as far as I know, a \"right of way\" (our property) isn't a parking space for the neighbors. Besides, the neighbor often drives across our property at full speed, sometimes four times a day, making it dangerous for us to walk out of our gate.\n\n I hope I've explained this clearly enough. I'd appreciate your advice.\n\n Kind regards.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n An easement must be used in the least onerous manner. Its use is regulated in a deed or otherwise determined by established custom. Therefore, you must take action if the easement is used contrary to what was agreed upon. Incidentally, this is usually not for parking, but often for coming and going with a bicycle in hand, riding a moped, or driving a car. You may conclude an easement with the surrender of a key.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer.\r \nThis is an older house from the 1960s. No deed could be found, so we searched for one. Only a drawing could be found at the land registry, and we're not even sure if the neighbors are allowed to park on their property. I just want to be sure it's actually allowed for them to park with their rear wheels on our property, because there's no mention of an exception because their property is small. The previous residents of the neighbors always parked their cars neatly in the garage, but that's no longer possible because the neighbors have converted their garage and shed into a bedroom.\n\n We want to take action if we are certain that parking on our land is not allowed, regardless of whether their land is too small or not.\n\n Hopefully you would still like to respond to this.\n\n Kind regards.\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nYes, the easement of way is not intended for parking. However, if you allow it to continue for a long time, it will become a permanent rule. Therefore, it's important to provide the neighbors with a legally valid and complete explanation of the easement, its content, and what is and is explicitly not permitted. You can also state in that letter that you will impose a fine in the event of repeated violations and, if necessary, request the court to revoke the easement if the use continues to violate the terms after receiving the letter. An easement for coming and going is not intended for parking on someone else's property or placing buildings on it. Therefore, you can effectively prohibit this.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer.\r \nThis is an older house from the 1960s. No deed could be found, so we searched for one. Only a drawing could be found at the land registry, and we're not even sure if the neighbors are allowed to park on their property. I just want to be sure it's actually allowed for them to park with their rear wheels on our property, because there's no mention of an exception because their property is small. The previous residents of the neighbors always parked their cars neatly in the garage, but that's no longer possible because the neighbors have converted their garage and shed into a bedroom.\n\n We want to take action if we are certain that parking on our land is not allowed, regardless of whether their land is too small or not.\n\n Hopefully you would still like to respond to this.\n\n Kind regards.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer.\r \nThis is an older house from the 1960s. No deed could be found, so we searched for one. Only a drawing could be found at the land registry, and we're not even sure if the neighbors are allowed to park on their property. I just want to be sure it's actually allowed for them to park with their rear wheels on our property, because there's no mention of an exception because their property is small. The previous residents of the neighbors always parked their cars neatly in the garage, but that's no longer possible because the neighbors have converted their garage and shed into a bedroom.\n\n We want to take action if we are certain that parking on our land is not allowed, regardless of whether their land is too small or not.\n\n Hopefully you would still like to respond to this.\n\n Kind regards.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer.\r \nThis is an older house from the 1960s. No deed could be found, so we searched for one. Only a drawing could be found at the land registry, and we're not even sure if the neighbors are allowed to park on their property. I just want to be sure it's actually allowed for them to park with their rear wheels on our property, because there's no mention of an exception because their property is small. The previous residents of the neighbors always parked their cars neatly in the garage, but that's no longer possible because the neighbors have converted their garage and shed into a bedroom.\n\n We want to take action if we are certain that parking on our land is not allowed, regardless of whether their land is too small or not.\n\n Hopefully you would still like to respond to this.\n\n Kind regards.\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56302021280093,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-74480-hallo-wij-hebben-een-huis-waarbij-we-langs-onze-woning-recht-op-overpad-moeten-verlenen-aan-onze","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}